Razia Shaheen v. The Kolkata Municipal Municipal Corporation And ORS

OD 7

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/748/2024 RAZIA SHAHEEN VS THE KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: SEPTEMBER 18, 2025.

Appearance :

Mr. Partha Sarathi Das, Adv.

Ms. Purnima Panda, Adv.

Shah Md. Umar E. Sadhiqaue, Adv.

...for petitioner Mr. S. Sarkar, Adv.

Miss Fatima Hassan, Adv.

...for respondent 5 Mr. Swpaan Kr. Debnath, Adv.

Mr. Gopal Ch. Das, Adv.

...for KMC.

Mr. Asif Sohail Tarafdar, Adv.

...for respondent no. 6.

The Court :- The petitioner has preferred the present writ petition being aggrieved by the inaction of the respondent authorities in not taking steps for stoppage or demolition of the illegal and unauthorised construction, being raised on the top floor premises of 6B, Karim Bux Lane, Kolkata - 16, at the instance of the respondent no. 6.

The case of the petitioner is that she is a tenant in respect of second floor while respondent no. 6 is a tenant in respect of third floor of the subject premises, both under the tenancy of respondent no. 5 as a landlord. It is alleged that respondent No. 6 has carried out unauthorised construction on the third floor and has installed

additional water tanks for storage purpose, resulting in seepage and leakage affecting portion of the petitioner's property. Despite repeated request the respondent no. 5 being the landlord has not taken any action.

Petitioner further states that he has submitted a representation dated 18.03.2024 before Director General (Building), KMC, but no action has been taken till date.

Being aggrieved the petitioner has preferred the present writ petition.

Learned Counsel for respondent Kolkata Municipal Corporation submits that petitioner's representation dated 18.03.2024 shall be duly considered. Learned Counsel for the petitioner states that he shall be satisfied if the same is considered in a time bound manner.

In view of the above, the present writ petition is disposed of with a direction to the respondent Corporation to consider and dispose of the petitioner's representation dated 18.03.2024 within a period of six weeks from the date of communication of this order after granting an opportunity of personal hearing to the petitioner as well as to the private respondent by way of a speaking order. In view of this present writ petition is disposed of. (GAURANG KANTH, J.) GH.